A
Austin Shackles
Guest
On or around Wed, 12 Oct 2005 21:27:42 +0100, Lee_D
<[email protected]> enlightened us thusly:
>
>I.e. it's the item in this case that is offensive and not the action
>for the possesion offence. Owness is on the defendant to prove that
>"on the balance of probabilites" the possesion was reasonable. Whilst
>this may sound harsh it's not quite as harsh as having to "prove
>beyond all reasonable doubt" that the possesion was reasonable.
yet a another erosion of the presumption of innocence.
Just been looking into habeas corpus, which the new anti-terror thing will
severely alter.
Not sure that the presumption of innocence until proven guilty is actually
built into the law, but it ought to be. Increasingly, however, it's the
case that you have to prove your innocence or be assumed to be guilty.
--
Austin Shackles. www.ddol-las.net my opinions are just that
"The breezy call of incense-breathing Morn, The swallow twittering
from the strawbuilt shed, The cock's shrill clarion, or the echoing
horn, No more shall rouse them from their lowly bed."
Thomas Gray, Elegy Written in a Country Churchyard.
<[email protected]> enlightened us thusly:
>
>I.e. it's the item in this case that is offensive and not the action
>for the possesion offence. Owness is on the defendant to prove that
>"on the balance of probabilites" the possesion was reasonable. Whilst
>this may sound harsh it's not quite as harsh as having to "prove
>beyond all reasonable doubt" that the possesion was reasonable.
yet a another erosion of the presumption of innocence.
Just been looking into habeas corpus, which the new anti-terror thing will
severely alter.
Not sure that the presumption of innocence until proven guilty is actually
built into the law, but it ought to be. Increasingly, however, it's the
case that you have to prove your innocence or be assumed to be guilty.
--
Austin Shackles. www.ddol-las.net my opinions are just that
"The breezy call of incense-breathing Morn, The swallow twittering
from the strawbuilt shed, The cock's shrill clarion, or the echoing
horn, No more shall rouse them from their lowly bed."
Thomas Gray, Elegy Written in a Country Churchyard.